First step to doing that if he does not see a path for the wall to get to the legislative process as democrats continue to refuse to give any money. The second step is another Major Development tonight. We learned that the u. S. Army corps of engineers is now looking to tap 14 billion of Disaster Relief funds to build that 300 miles of new barrier, and democrats continue to give the president any money, even though some of those very same democrats in the center, like chuck schumer, used to be behind the barrier. We have the tape. Meanwhile, democrats in a speaker Nancy Pelosis chamber are attacking the president on a new front tonight, or really an old friend. Michael, has been invited to testify at what is expected to be an explosive hearing next month. In a couple moments, some big reaction. We are asking why democrats are making their first witness someone who has admitted to lying to congress. Hello, i am in for shannon tonight. We begin with a live fox news coverage. We are looking at what will happen as the president declares a National Emergency. Examining what the democrats are planning for Michael Cohen, lets kick it off tonight with Kristin Fisher with bipartisan talks of trying to get the wall open. Good evening. Good evening, and you know these negotiations are not going well when senator Lindsey Graham says he has never been more depressed about finding a way out of those shut down. That is a direct quote. Up until this afternoon he was hopeful that this might do the trick but then President Trump killed it. He has given up and is urging President Trump to go ahead and declare a National Emergency at the border. I always said it would be the last resort, we are there. There is no pathway forward that i can see so the president believes it is in his power, it seems to be the only player left. I dont see any action in the congress. Chris combs is calling that unwise advice. I think for the president to use Emergency Powers and our armed forces to construct a border wall is not a good president to set, and i suspect if the president listens to that advice he will end up in court fairly quickly, and i suspect he wont be successful. But President Trump remains convinced that he does have the Legal Authority to declare a National Emergency appeared at the White House Counsel Office has been looking into it for several days now. Officials have been trying to build the case for it all week. Tonight, President Trump said this as he was finishing up his tour of the border. He said, we have the absolute right to declare a National Emergency, and this is security stuff. A National Emergency. He went on to say that if we dont make a deal with congress, most likely i will do that. I would actually say i would. I cant imagine any reason why not, because i am allowed to do it. The law is 100 on my side. The big question now is if President Trump declares a National Emergency, where with the money come from to build this wall or barrier . On this trip to the border, the president brought the commanding general to the army corps of engineers with him, and the White House Press secretary has confirmed that the administration is asking him to find ways to fund it from the army corps of engineers budget. That means money could come from a nearly 14 billion Disaster Relief fund, money that was meant to help california after its wildfires, and texas, florida, and puerto rico after the hurricanes. Already the puerto rican delegate is calling that policy unacceptable. But one is unacceptable for the roughly 800,000 federal employees impacted by the shutdown is that tomorrow, they will miss their first paychecks, and that is going to really ramp up pressure on the president and democrats exponentially. Ed both sides on the line tonight. We appreciate that report. What happens if the president declares a National Emergency . Trick alice even though senior advisors are cautioning President Trump that using military funds to build the wall could have negative ramifications for the white house, the president says the declaration remains atop option and by most accounts it would be immediately challenged in court, but the more legal as experts look into the wall, the more they conclude President Trump could very well win. Even cnn acknowledges the president s Emergency Powers are broad. Watch. As a purely legal matter, it is hard for me to imagine the courts finding a plaintiff withstanding, that is, a plaintiff with the legal right to sue, to stop this at any early point in the process. The Washington Post went a step further saying, lawyers who take an Emergency Declaration thinking of unconstitutional are also hardpressed to say exactly who would stop the president. For example, the Supreme Court could, but that might not happen until after the wall was built. The post also said the president cited moving money around for years and that a little known code governing military allows the defense secretary to military Construction Products in times of emergency. Others argue it will come down to the president s definition of emergency. The problem is the National Emergency act doesnt offer a definition. The most plausible legal challenge might come from someone who was actually harmed by the wall being built, meaning their property is taken through eminent domain. One woman, whose land sits along the rio grande, told the Associated Press she would not take 1 trillion for her land, and environmentalists also warned about how dangerous the wall would be to some species. Listen. Uncle sam is going to impact that dramatically by eliminating all of these trees full of nests, eggs, baby birds, piling them up somewhere and burning them. In the end, congress could also move to block an Emergency Declaration, but finding a vetoproof majority would be a very tall order indeed. Ed absolutely, thank you. To the president meanwhile standing firm, telling our very own sean hannity a short while ago he is not changing his mind. Look, we are not going anywhere, we are not changing our minds because there was nothing to change her mind about appeared at the wall works. Its not a question about, maybe it wont work. It will work 100 . What we need is a barrier. If we dont have a steel or concrete barrier, we are wasting a lot of time. Ed dan patrick, he was on the border with the president today. Good evening. Good to be with you. Ed lets start simply, what did you see . We can debate this in congress but you were actually at the border. What did you see . What do you want our viewers to know tonight . I have been there many times and i think it is great that the president was there today and the testimony you heard today, including families who have lost loved ones to violence against their loved ones by illegal aliens, the economic impact, but when the president actually went too close to the border and realized and people think this is a big river, the rio grande. It can be sometimes, raging waters and storms, but you can walk across it. Many families just walk across it. Heres the deal, this is a National Emergency. Im not a lawyer, but i also have talked to many lawyers who believe that the president has this power. I totally support this, if congress does not work with him, because it is a National Emergency. It is a manufactured coverup by the democrats. When we apprehended 500,000 people at the border last year, we get one out of every five, so another 2 million men, plus the drugs and violence. Ed another point, i read the transcripts closely, and one of the Border Patrol agents and told the president that at that one stretch where he was on the southern border, they have arrested people from 41 countries. When democrats say its just honduras and guatemala and people are not coming from the middle east, they came from places like pakistan, sir. We track it every week, i can tell you. Last week, we arrested apprehended 41 people from china, brazil, all over the world. We documented and now it is public. 51 people from countries of interest where terrorism is bread, and we know we have many more in classified documents. This is real, this is a national crisis, a humanitarian crisis, and this president is right, and we are with him all the way in texas. Ed two quick questions, the news of the night. First of all, the idea that the army corps of engineers will use already appropriated money, that could come out of money that was not only intended for puerto rico but your state of texas. Are you okay if people in texas do not get disaster money in order to help build the wall . Yes or no. We have a great president , we will get money for both, and i am not concerned about that. He will take care of us for hurricane relief, and we will get the money to build the wall. One quick fact to put this in perspective, four or 5 miles from the president is a 4 Million People, they havent had a police force in five years because drug cartels have threatened them all. That is 4 miles away from american soil. We need a wall to keep the violence out, particularly in the Rio Grande Valley where about half of the people who came in last year were illegal. Ed the last question, legal standing, theres a question about whether there will be a legal challenge to the president of declaring a National Emergency moving forward with army corps of engineers funds, and the legal standing, the people who are landowners in your state who are saying, as you just heard, we dont want a wall built, i wont sell my property for 1 trillion. What do you say to citizens of your state of texas who say, dont build the wall on my land . First of all we had land owners who want to the wall you are always going to find people against eminent domain, whether you are building a road anytime the government tries to take land someone is going to say, you cant take my land. We will offer a fair price and if it goes to court, it goes to court. We are already ready to build a 22 miles in february, and those have already been taken care of. You are always going to have someone to object to that, but we will win in the court and again, this is a National Emergency. We have 25, 30 Million People here illegally, eight to 10 of our population. This is a National Emergency and the president is right, and everyone was there and the majority supporting him. Ed a very direct answer, we appreciate you saying that in coming out tonight and making some news, thank you. Thank you. Ed breaking tonight, the president s former fixer Michael Cohen has agreed to testify in public in front of the house which is now run by democrats. Good evening, david. Michael cohen will head to the capital on february 7th. He has been there before, he admitted to lying to members of congress. Democrats now in control of the house are looking to shift the focus from the fbi and Justice Department directly to the president. Michael cohen will head to washington early next month, and late today he made it clear he is ready to appear before the House Oversight committee. He said, i look forward to having the privilege of being afforded a platform with which to give a full and credible account of the event which have transpired. Now the democrats have the house majority, they have invited cohen to testify about a myriad of topics involving President Trump. Cohen is heading to prison in march for tax evasion, Campaign Finance violations, and lying to members of the house and senate about a proposed trump tower project in russia. Elijah cummings, who invited cohen, downplayed the upcoming testimony to fox news. Personally, we will also have a major hearing with regard to lowering prescription drugs, so we are going to be pretty busy. Though cohen hearing is just 1 of 3 things, three hearings that we have announced. Jim jordan said in a statement, chairman cummings promised to pursue a rigorous, responsible, factbased oversight. However, the chairmans announcement today suggests he will be using the committee as a venue for political theater, rather than legitimate oversigh oversight. The president on the u. S. Border in texas today was asked about cohens upcoming appearance. Im not worried about it at all. But members and the majority brush off the word theater, and promised cold, hard facts. It certainly opens the window that we havent had the opportunity to hear from him, and when you think about over the last two years, we have had very little oversight over this administration. This is probably just the crack in the window that starts the process of real oversight. The president s personal attorney Rudy Giuliani told fox news today, cohen is thoroughly discredited liar. Ed lets bring in the ranking publican on the House Oversight committee, congressman, we appreciate you being here live. What is your direct reaction . First, the hearing that the Democratic Congress has, they bring in a convicted felon. Think about this, this guys going to prison in two months. First big hearing and hes going to prison why . Because he lied to congress, and that is your first big witness . If this doesnt underscore the fact that they are totally focused on getting the president and not undoing what is best for the country, i dont know what remember what happened a week ago . What is the first thing the congressman for california said . Impeachment. At the terrible things he said about the president. This just seems to be where they want to go. I think it is just showing they are not focused on what is best for the country. Ed on the other head hand,o be fair to Michael Cohen, he said people make mistakes, he lied previously, and he is trying to make amends now and come to grips and tell the truth. This happens to people. For a year and half, we have tried to get to the bottom of what the fbi did when they sent one partys opposition document, took it to a secret court to file on President Trumps campaign. All these hearings and depositions, we start to ask questions oh, cant answer. Fbi lawyers, doj lawyers say the prison cant answer because it might get into muellers investigation, and now who are the democrats bringing in . Those star witness for the mueller investigation. You would laugh if it wasnt so serious. Ed elijah cummings, this is what they say about how they insisted they are not in pairing with the muellers probe. We are going to make sure that we do absolutely nothing to interfere with the mueller investigation. That is very, very important to us. I dont want to make a representation of those special counsel. We will obviously be in contact with the investigation before our committee, but we need to get a full account of what took place. Ed it sounds like a key part of that is that, we will be in consultation with mueller. He says they are in the process of talking to the special counsel. I said in the deposition, mark meadows, myself, a number of us said we would ask legitimate questions are designed to get at the facts and they would say no, no. They cant answer. Now theyre going to have the star witness in an open hearing . Look, i dont see how they get through that. The other thing that bothers me about this, do you know who we need in front of the committee . Rod rosenstein. Three and half months ago, it is reported in all the Mainstream Press that Rod Rosenstein said to subordinates he was thinking about wearing a wire to record the president. Ed and may be invoked the 20 for the men meant. He kept saying he couldnt testify, he was busy. When we did have james baker, former chief counsel of the fbi, we asked him about Rod Rosensteins statements and what he heard and james baker fbi chief counsel said, he thinks Rod Rosenstein was serious about those two things and we sent a letter yesterday, we want Rod Rosenstein to come in. We havent heard from him about that but we got a big press release about Michael Cohen come a convicted, coming into the committee. Ed thank you so much. Did Cnns Jim Acosta accidentally prove that border walls work . Getting mocked across social media for a video. In his defense, the tweet, if the barrier he reported on today works, maybe there is not a crisis as the president claims. Plus, one lawmaker is giving back donations from ed buck, the democratic donor whose apartment has been the scene of two untimely deaths. And later, are some Top Democrats being anticatholic . That has been the charge from republicans, but a senior democrat in the house is a warning it that way. 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Upload your logo or start your design today at customink. Com. Upload your logo or start your design today the new Capital One Savor card. Earn 4 cash back on dining and 4 on entertainment. Now when you go out, you cash in. Whats in your wallet . Ed using a National Emergency declaration to pay for the border barrier comes with some risks. According to marco rubio, check out what he had to say today. Today, President Trump may use it to do something we support, but eight years from now we may have somebody else do it for something we do not answer but he could say there is a National Emergency out their own guns and we need some executive action without congress being involved, or climate change, or anything else. Ed former chief counsel to the democrats, the White House Correspondent and the former Deputy Assistant secretary over there at the department of homeland security, good to see you all tonight. Good to see you. Ed it seems like marco rubio made a fair point for republicans. This could boomerang on the white house pier to the president could get what he wants on the wall but it could open up a can of worms. Absolutely, i think the president is going to have to be very specific if he is going to have to declare a National Emergency. Normally this provision is used for things like, 30 things right now, things like sanctions, countering foreign powers, most recently, his administration did one around countering foreign actors, securing our election systems. We are more broad and Foreign Policy national defenseoriente defenseoriented. This will be a unique use for this provision, and i agree with rubio, im a little concerned it might not be the best president ial decision, and im not sure which statute he is going to actually use it to make the case that he should have this power. Ed on the other hand, this president has a political objective which at that he promised he would deliver on the wall, he is facing a recalcitrant congress, does he have to get it done one way or another . Increasingly the white house looks at this and says this is the only way we should could dn the promise if we are going to get it done in the first term. With the democrats in power, we have seen three or four quote different offers that the administration has given over to the democrats. They have to face the choice of keeping the government shut down for months and months or pursuing the National Emergency and building the wall with military funds. Ed i also want to give you Something Else, senator chris murphy tweeted this, hey, republicans, someday soon there will be a democratic president and once you open the National Emergency bottle, the genie doesnt go back in. Bet you could get a singlepayer system faster than build a wall with mexico. Just saying. And the strict constitutionalism when the obama did the deferred action on daca, they were claiming the president doesnt have the authority. Orrin states the case quite well, it is not just rubio, a number of republicans are saying the president is on thin ice here and the reason he is doing it is frankly, it is the weasel way out of the debate. I am not sure if it will be upheld in the court, but he just lost the midterm debate where immigration was the primary issue, polls are showing 15 to 20 points that he is losing this debate, republicans are starting to crack on capitol hill, and a lot of people think this is insincere politics. Republicans had the congress for two years and didnt appropriate a single dime for a border fence or anything else. He has now shifted his position to a steel fence ed but he is trying to meet them halfway. I was trying to give you a chance to offer your point. He said look, steel, whatever you want. Two reasons, to be perfectly honest. One, democrats smell blood in the water. They are winning this debate and they know they are winning, they are not about to start conceding when the president has started to rub this issue in the election, so he has politicized this issue, when immigration should not be political. We would all probably agree that Border Security is absolutely vital. We should have zero tolerance for illegal immigration. We are incomplete agreements. But of the question of the wall, if you look at the leading republican and conservative thinkers out here saying, the wall is going to solve a small part of the problem. If you really want to solve this problem, employer sanctions, become an ally with mexico, not an ally. Why . Ed youre right, republicans didnt do a lot of this stuff, but let me quickly drop in and i will give everyone a chance to weigh in. Jim acosta posted this video, cnn White House Correspondent who sparred with the president , he is trying to make the point that there is not a crisis but he might have made the opposite point. Here are the slots the president is talking about, you cannot see the other slots on the u. S. Mexico border, but as we are walking along we are not seeing any kind of immigrant changer, no migrants trying to rush towards this fence here in the mcallen, texas, area. There are some other businesses behind me along the highway, there is a gas station, burger king, and so on. But no sign of the National Emergency that the president has been talking about. As our matter of fact, it is pretty tranquil down here. Ed the president rolled jim acosta because he is saying, wait a second, isnt it tranquil because there is a fence there . [laughs] i have a couple points. First, everyone seems so confused why we would want a seethrough barrier, that is because you want to see the people across. A lot of times, a concrete wall ed so Border Patrol knows what is on the other side. So they are not ramming the wall or whatever, they want to see that for Border Patrol. And second, just dealing with this whole idea that barriers dont work. Barriers to work but they work in the right areas. The entire southern border does not need to be covered. I would never disparage a colleague but i think he didnt make the point. I think walls can work, it is part of the reasons that illegal border crossings have gone down 90 in the last 50 years. The last 15 years, i beg your pardon. They can work, but there are other things that democrats and republicans ought to be coming together on. Like i said, visa over stays ed who would have thought jim acosta may help the president bring everyone together . That is a great way for us to end the panel. I appreciate you coming in. Democratic lawmakers are facing calls of hypocrisy over the border wall. We are digging into their decision tonight. Plus, a very special parent is coming up, john rosenberg, his son tragically killed by an illegal immigrant. We will get the perspective of a man now on a mission to hold lawmakers accountable so his sons memory will never be forgotten. Save up to 10 when you bundle with esurance. Including me, esurance spokesperson dennis quaid. Hes a pretty good spokesperson. Ehhh. So when i say, drivers who switched from geico to esurance saved an average of 412, you probably wont believe me. Hey, actor lady whose scene was cut. Hi. But you can believe this esurance employee, nancy abraham. Seriously, send her an email and ask her yourself. No emails. No emails. When insurance is affordable, its surprisingly painless. About 50 of people with evesevere asthma k . Have too many cells called eosinophils in their lungs. Eosinophils are a key cause of severe asthma. Fasenra is designed to target and remove these cells. Fasenra is an addon injection for people 12 and up with asthma driven by eosinophils. Fasenra is not a rescue medicine or for other eosinophilic conditions. Fasenra is proven to help prevent severe asthma attacks, improve breathing, and can lower oral steroid use. Fasenra may cause allergic reactions. Get help right away if you have swelling of your face, mouth, and tongue, or trouble breathing. Dont stop your asthma treatments unless your doctor tells you to. Tell your doctor if you have a parasitic infection or your asthma worsens. Headache and sore throat may occur. Havent you missed enough . Ask an asthma specialist about fasenra. If you cant afford your medication, astrazeneca may be able to help. Ed tomorrow will mark the very first mist paycheck for federal workers because of the government shutdown. Many democrats are facing calls for hypocrisy for opposing a border wall. Peter doocy takes a look at what you might call an evolving position from capitol hill. A politician still shaping his future platform warned about the dangers of a border. Think it could only be donald trump . Think again. It is barack obama. The bill before us will certainly do some good. It will authorize some badly needed funding for better fences and better security along our borders. The next standardbearer even bragged about border barriers. Look, i voted numerous times when i was a senator to build a barrier. The top democrat in the senate right now trying to negotiate out about shutdown once said that progress looks like 630 miles of border fence that create a significant barrier to illegal immigration. A lot has changed. Democrats believe a border wall is an obtuse public policy. In 2006, democrats voted for two layers of reinforced fencing in the secure fence act in 2013. All Senate Democrats voted for a bill, including 700 miles of fencing and technology. What changed for you between back in 2013 when all the democrats supported the measure that had 700 miles of border barrier . What was 2013 . Massive comprehensive, broad immigration reform. Today, more details. I want to know what is actually being proposed, how many miles, location, eminent domain, noneminent domain. Another gas in 2013, bob casey says one thing can get democrats willing to back aboard a aboard. We should have lots of discussions, but you have got to open up the government first. They couldnt convince any democrats to vote yes, even though out of all the democrats and independents that voted five years ago for hundreds of miles of new border barrier, 34 of them still work here. Ed thanks, peter. The president sending a message today to federal workers who wont receive their paychecks responding to a shattered question from a reporter, he basically said, there are some other people interested in this debate who are suffering actually a lot more pain. You know who has more human pain . The parents of people who had children killed by Illegal Immigrants who should never have been in the country. The husband who lost to the wife, or the wife who lost the country who lost their life to an illegal immigrant who came in this country and shouldnt be here. Ed don rosenberg, his son was killed in a hitandrun by an illegal immigrant. We have spoken before, and we dont want to minimize the government workers may be suffering financially, but you know better than i do, losing a paycheck is nothing compared to what you lost, sir. Hi, thank you for having me on. Absolutely. I dont want to be callous about the dilemma that they have not getting paid, but in a couple weeks they will have their money. I will never have my child, and neither will anybody else who has lost anybody. You cant even put the two in the same you cant compare the two at all. Ed we go back and forth in these debates on that very point. You just heard peter doocy layout barack obama was for a barrier, all of a sudden, maybe not so much. Same with all these Democratic Senators now that donald trump has been elected. Political games going on. But you, as a father who lost a son, it is not just watching a debate, it has to get you in the guard. What goes through your mind when he wants those sound bites from years ago where they swore they were for a barrier . Laura i will tell you, yesterday was my sons 34th birthday, or should i say, would have been. I spent a good part of the day, we watched the president speak the night before, then i was watching a lot, and i usually handle this i think pretty well. I was a wreck yesterday because listening to these people and watching i mean, i will tell you, i was watching a lot of msnbc because i wanted to see how they handled it, and you have got people laughing and mocking when he was talking about how people have been murdered and had their heads cut off, and may be that went little bit too far, but i am watching some of the panelists and they are laughing and mocking me. Not just me, of course, everyone who has lost somebody. It is just outrageous, it is mind numbing. Who knows. Ed it is. It is a gut punch, im sure, do you. And nancy pelosi said something ineffective, these are anecdotes, essentially data points. These deaths of your son and others. And theres Something Else democrats have been saying, they are saying that this is not a real crisis. I quickly want to play what they are saying about whether it is a crisis or not and get your reaction. He manufactures crises like immigrants seeking legal refuge on our borders. This president just used the backdrop of the oval office to manufacture a crisis, stoking fear, and divert attention from the turmoil in his administration. No crisis exists, and anybody making the argument is most likely guilty of fearmongering and willfully misleading the american people. The president s manufactured crisis reaches into the lives of millions of americans. It threatens services and benefits that they need to stay healthy and secure. It robs hardworking americans of their paychecks. Ed they are saying this is not a real crisis. This has been a crisis since president reagan signed the simpson act. Its just a nobody has cared to do anything about it. Since that time, you have probably had over 50,000 deaths, a couple hundred thousand, literally millions of crimes, about 2 trillion taken out of americans pockets and they are saying it is not a crisis. Yet when two children died, which was a horrible thing, that was a crisis. Its really shameful. I dont know how to describe what it is. I would just like to be able to talk to some of those people in person, but of course, they dont have the guts to talk to me. They refuse every time. Ed you have made your point loud and clear, we agree with you, especially as you mentioned, it would have been your sons 34th birthday yesterday. We are very sorry for your loss but appreciate you coming into make sure that his legacy and his memory lives on, sir. Thank you very much. Ed thank you. Lets go to another fox news alert, another tragedy. A wisconsin teenager who has been missing since last october, that was the tragedy, when her parents were killed. A positive side, she has been found alive tonight. Officials say, it is still a very fluid situation, not given us a lot of details, but they say there is a suspect who was taken into custody. Jamie disappeared, you will remember, on october 15th after her parents were fatally shot in their Home Northeast of minneapolis. The Sheriffs Office is saying they will hold a News Conference tomorrow, 11 00 a. M. Eastern time, so we will bring you those details. Tonight, at least one democrat has had enough of what is seen as the partys bias. A controversy that is growing, we will bring you the details. And beto orourke goes live from the dentist office. The new video sparking some to say today, really . Potential president ial candidate is answering his critics, we will have that after the break. 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